Restraining orders fly in Novato neighborhood dispute

A long-standing neighborhood dispute in Novato has escalated to Defcon 5, with four residents filing restraining orders against two others, and police looking for legal options to forge a resolution.

The acrimony involves a property at 31 San Benito Way, a single-family home near San Marin Drive and San Ramon Elementary School. The owner is Theodore Creighton, a San Francisco firefighter who lives elsewhere in Novato and rents the home to a family member.

According to police records and court documents, the house has generated repeated neighborhood complaints in recent years because of allegedly boisterous and profane alcohol-and-sports parties in the garage facing the street.

Neighbors claim the drunkenness and foul language is so loud it can be heard by small children living along the street.

"You can't sit in your backyard on a Sunday afternoon and not hear F-bombs getting dropped left and right," said Paul Davis, 65, who lives on the street. "This had been a very, very close neighborhood until this situation.

"I can't even let my grandchildren play in my front yard because of the bad language. It's been blatant, in your face, this is my property, this is what I'm going to do."

In one recent incident, when police responded to a noise complaint, the homeowner said his neighbors could "go f--- themselves" and that the officers could contact his attorney, according to police reports.

Claiming the problem has now risen to threats and harassment, Davis and three other neighbors hired a lawyer and filed restraining orders this month against Creighton and one of his frequent guests, identified as George Dagnino.

The restraining orders seek to prevent the two men from taunting, harassing, or coming within 25 yards of the four residents and the members their households.

Fourteen residents filed declarations in support of the restraining orders, claiming they have been bombarded with profanities, ethnic slurs, misogynistic remarks, vulgar gestures and other put-downs.

Residents also report seeing party guests drive off intoxicated, with one man driving over a grassy median.

The plaintiffs' lawyer, Leonard Rifkind, said the neighbors are especially "galled," given the recent death of Melody Osheroff on San Marin Drive. The 9-year-old San Ramon Elementary student was run down last month by an allegedly drunken motorcyclist with a long record of DUI convictions.

Novato police Sgt. Earl Titman said the department has been trying to abate the problem while still respecting the private-property rights at 31 San Benito.

With the restraining orders in place, police have leverage to make an arrest or file a criminal complaint in the event of any threats. Police are also consulting with the district attorney's office for additional direction on interpreting penal code violations and city codes, Titman said.

As for problems of noise complaints, Novato ordinances generally address construction noise, and new regulations might need to be drafted by the city, Titman said.

"This is a unique situation," he said. "They have rights as to what they can and can't do with their home and garage. We have to observe their rights as well."

Creighton referred questions to his lawyer, Gary Kauffman, who also represents Dagnino. Kauffman declined to comment, saying he is still reviewing the court filings.